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08. ABC 7-Eleven City Hall 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3212 Fax; (408) 777-3366 OFFICE OF THE CITY MANAGER SUMMARY AGENDA ITEM NUMBER Y SUBJECT AND ISSUE AGENDA DATE tJDY~k'fSI;;LlJtJ7 Application for Alcoholic Beverage License. BACKGROUND 1. Name of Business: Location: Type of Business: Type of License: Reason for Application: RECOMMENDATION 7-Eleven Store 21490 McClellan Road Convenience Store Off Sale Beer & Wine (20) Person-to-Person Transfer and Annual Fee There are no use permit restrictions or zoning restrictions which would prohibit this use and staff has no objectionto the issuance of the license. Prepared by: ~LJ<. Z-oL) c;2d!...QJL-P Ciddy WordZl, City Planner Submitted by: Qu David W. Knapp, City Manager Prlnt9d on Recycled Paper 8 - 1 Department of Alcoholic Beverage Control APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE{S) ABC 211 (6/99) State of California TO: Department of Alcoholic Beverage 100 Paseo de San Antonio Rm. 119 San Jose, CA 95113 (408 )277 -1200 DISTRICf SERVING LOCATION: Control File Number: 460471 Receipt Number: 1636759 Geographical Code: 4303 Copies Mailed Date: October 11, 2007 Issued Date: First Owner: Name of Business: SAN .lOSE 7 ELEVEN INC 7-ELEVEN STORE 2367-25717C Location of Business: 21490 MCCLELLAN RD CUPERTINO, CA 95014-4052 SANTA CLARA County: Is premise inside city limits? Mailing Address: (If different from premises address) Yes Census Tract 5077.01 PO BOX 2245 BREA, CA 92822-2245 Type of licensees): 20 Transferor's license/name: 333952 /7 ELEVEN INC Dropping Partner: Yes_ NoL License Type Transaction . Type Fee Type Master J:2Ju1 ~ m 20 OFF-SALE BEER ANI PERSON TO PERSON TRANSF NA Y 0 10/11/07 $50.00 20 OFF-SALE BEER ANI ANNUAL FEE NA Y 0 10/11/07 $220.00 30 TEMPORARY PERMl' DUPliCATE NA Y 1 10/11/07 $100.00 20 OFF-SALE BEER ANI FEDERAL FlNGERPRINTS NA N 1 10/11/07 $24.00 Total $394.00 Have you ever been convicted of a felony? No Have you ever violated any provisions of the Alcoholic Beverage Control AC4 or regulations of the Department pertaining to the Act? No Explain any "Y cs. answer to the above queations on an attachment which aball be deemed part of this application. Applicant agrees (a) that any manager employed in an on-sale licensed premise will have all the qualifications of a licensee, and (b) that he will not violate or cause or permit to be violated any of the provisions of the Alcoholic Beverage Control Act. STATE OF CALIFORNIA County of SAN!' A CLARA Date: October 11, 2007 Under penalty of perjury, each person whose signature appears below, certifiea and says; (1) He Is an applicant, or. one of the applicants, or an executive officer of the applicant corporation. named In 'the foregoing application. duly authoHzed to make this appiication on its behalf; (2) thlll he has read the foregoing and knows the contenta thereof and thlll each of the above statements therein made are true; (3) . thaI no person other Ihan the applicanl or applicants hili any direct or indirect interest in the applicant or applicant's business 10 be conducted under the Iicense(a) for which this application is made; (4) thai the transfer application or proposed transfer is not made to satisfy the paymenl of a Joan or to fulfi1l an agreemenl entered into more than ninety (90) days preceding the day on which the transfer application is flied with the Department or to gRin or cstablish II preference to Qr for any creditor or transferor or to defraud or injure any creditor of transferor; (5) that the transfer application may be withdrawn by either the applicanl or the licensee wilh no resulting Iiablllty to the DepartmenL . Applicant Name(s) 7 ELEVEN INC NGUYEN WNG pm Applicant Signature(s) ~~~ 211 ~ignatllr~ Pag~ " " " " 8-2 Department of Alcoholic Beverage Control State of California APPLICATION SIGNATURE SHEET ("SIGN ON") . This form is to be used as the signature page for applications not signed in the District Office. . Read Instructions on reverse before completing. . All sIgnatures must be notarized In accordance with laws of the State where signed. 2. ALE NUMBt'R (If any) 3. LICENSE TYPE 20 1. OWNERSHIP TYPE (Check one) o Sole Owner Kl Partnership o Husband & Wife o Partnership-Ltd 4. TRANSACTION TYPE o Corporation o Limited Liability Company o Other o Original o Exchange ~ Person to Person Transfer o Premise to Premise Transfer o Other 5. APPLlCANT(S) NAME (Las~ r~st, middle) 7-Eleven, Inc. and Nguyen, Long Phi 6. APPLICANTS MAILING ~ESS (811891 addresslP.O. box, elly. slale, zip code) P.O. Box 2245, Brea CA 92822-2245 7. PREMISES ADDRESS (SInMll address, city, zip coda) 2~490 McClellan Road, Cupertino CA 95014-4052 APPLICANT'S CERTlF/CA TlON Under penalty of perjury, each person whose signature appears below, certifies and says: (1) He/She is an applicant, or one of the applicants, or an executive officer ofthe applicant corporation, named in the foregoing aPElication, duo ly authorized to make this application on its behlilf; (2) that he/she has read the foregoing and knows the contents thereof and that each of the above statements therein made are true; (3) that no person other than the applicant or applicants has any direct or indirect interest in the applicant or applicant's business to be conducted under the licell8e(s) for which this application is made; (4) that the transfer application or proposed transfer is not made to (a) satisfy the SOLE OWNER payment of a loan or to fulfill an agreement entered into more than ninety (90) days preceding the day on which the transfer application is filed with the Department, (b) to ~ain or establish a preference to or for any creditor or transferor, or (c) to defraud or mjure any creditor or transferor; (5) that the transfer application may be withdrawn by either the applicant or the licensee with no resulting liability to the Department. I understand that if! fail to qualify for the license or withdraw this application there will be a servIce charge of one-fourth of the license fee paid, up to $100. 8_ PRINTED NAME (last. firs\, middle) I SIGNATURE X . PARTNERSHIP/LIMITED PARTNERSHIP (Signatures I DATE SIGNED general partners only) DATE SIGNED 9. PARTNER'S PRINTED NAME (Las\, firs\' middle) Nguyen, Long Phi PARTNER'S PRINTED NAME (LasI. firs\, middle) X SIGNA X PARTNER'S PRINTED NAME (Last, firsI. middle) SIGNATURE P-12 Oakland CORPORATION 7-Eleven, Inc. 10. PRINTED NAME (Last, lIrat, middle) Huey, David George TITLE X DATE SIGNED o President 0 Vice President PRINTED NAME (LasI. first, middle) Varela, Antonio Enrique TITLE D Secretary 0 Asst. Secretary D Chief Financial Officer D Asst. Treasurer LIMITED LIABILITY COMPANY 11. The limited liability company Is member-run DYes DNo (If no, complete Item #12 below) ABC INITIALS/DATE (ABC use only) 12. NAME OF DESIGNATED MANAGER, MANAGING MEMBER OR DESIGNATED OFACER (Las\, firsl. middle) 13. MEMBER'S PRINTED NAME (Last, firsl, middle) SIGNATURE DATE SIGNED X MEMBER'S PRINTED NAME (LasI. ftrsl. middle) SIGNATURE DATE SIGNED ABC-211-SIG(2103) X "SIGN ON" 8-3 SIGNATURE ACKNOWLEDGEMENT FOR ABC DOCUMENTS ABC-211-SIG ("SIGN-ON") ~T/STOEU&# .7-Eleven Store 2367-25717C ADD~ 21490 McClellan Road Cupertino CA 95014-4052 APPLICANT (8):. 7-Eleven, Inc. and Long Phi Nguyen and State of California County of Alameda On this the .Q \ ~-l- d~yof '1.,~~~' . ~eo) , before me, Susan Curry Flores, Notary Public , the undersigned personally appeared, Antonio Enrique Varela ~-A -CK{ Signature Typed Name ~ personally known to me to be the person who executed this document and all other necessary ABC forms submitted in connection with this application as Assistant Secretary for 7-Eleven, Inc. and acknowledged to me that the corporation executed them. Seal . 8-4 SIGNATURE ACKNOWLEDGEMENT FOR ABC DOCUMENTS ABC.ZU-SIG ("SIGN-ON") MARKET/STORE # 7-Eleven Store 2367-25717C AJ)DRE88 21490 McClellan Road Cupertino CA 95014-4052 APPLICANT (8): 7-Eleven, Ine. and Long Phi Nguyen and State of California County of Alameda Onthisthe~dayof ~~f'L~. Susan Curry Flores Q~ "') , before me, , Notary Public, the undersigned personally appeared, David George Huey ,L.~-....yy ~7 Signature Typed Name I2l personally known to me to be the person who executed this document and all other necessary ABC forms submitted in connection with this application. . IA A A & AA'A~~~_~OR;;.I ...@.........COMM.'1535801, is Notary Publlc:-Callfomla W .' . ALAMeDA COUfflY I~? y T?~? ~~,,~.~~7~~T I Seal 8-5 SIGNATURE ACKNOWLEDGEMENT FOR ABC DOCUMENTS ABC-211.SIG ("SIGN-ON") MARKET/STORE # 7-Eleven Store 2367-25717C ADDRESS 21490 McClellan Road Cupertino CA 95014-4052 APPLICANT (8): 7-Eleven, Inc. and Long Phi Nguyen and State of California County of Alameda On tbis the Q I ~~ day of Sl~~ hD-^. , ~eo" , before me, Susan Curry Flores , Notary Public, the undersigned personally appeared, ~ " Signature -- ..... Long Pbi Nguyen Typed Name o personally known to me to be the person who executed ABC document 211-SIG, and all other necessary ABC forms submitted in connection with this application. .J J~~'~~~~.~~~~~~~I .... COMM.'1~1 ii . Notal')' P.ubttc-Caft:lml8 I!! W' ALAJIEDACOUN1'Y ~ J~ T T ~ _ T T ~~T~~~~~TI Seal 8-6